DOVER — Before a Strafford County Superior Court judge sentenced him to 10 to 20 years in prison, 19-year-old Phillip Eisenberg turned around in his shackles to face the Rochester family he brutally assaulted with a metal baseball bat and apologized.

By Samantha Allensallen@fosters.com

DOVER — Before a Strafford County Superior Court judge sentenced him to 10 to 20 years in prison, 19-year-old Phillip Eisenberg turned around in his shackles to face the Rochester family he brutally assaulted with a metal baseball bat and apologized.

“What I did was wrong. I understand that …,” he said. “I know nothing I say can change what I did but I want you to know, … if could I'd take it back, I would. I can't and I'm sorry.”

After months and months of pretrial conferences and hearings, Eisenberg pleaded guilty to four Class A felony charges of first-degree assault and one count of burglary Monday morning for a home invasion he carried out in August 2011 at a family's Estes Road home in Rochester. He was 17 at the time and lived in Gonic.

Eisenberg spoke softly during his sentencing hearing in Dover, replying politely as Judge Brian Tucker read his indictments aloud. At times, he turned around to look back at his mother, former Rochester City Clerk Sheryl Eisenberg. She was also charged in the case, for alleged concealment of items stolen from the incident, but was not prosecuted.

On Aug. 5, 2011, Eisenberg attacked the sleeping parents of a friend he had a falling out with earlier that year. He broke into the home in the early morning hours and stole various items including Bud Light beer and an Xbox gaming console. He was only stopped from continually beating the middle-aged couple, Rob and Kristin Cox, when their son Dylan, 18 then, wrestled him to the ground.

Assistant Strafford County Attorney Amy Feliciano told the court the defendant was able to flee the scene in his car because Rob Cox, writhing in pain from a fractured kneecap, told his son to let Eisenberg go.

Rob Cox underwent surgery to repair his knee and Kristin was struck multiple times on her head and face, from which she suffered severe lacerations. Almost a year and a half later, she told the court she now has two scars on her face and difficulty breathing through her nose.

Kristin Cox held her 16-year-old daughter Sydney's hand when she read her victim impact statement, adding since the attack, Dylan Cox would sometimes patrol their home with a golf club to ensure they were safe at night.

“You have given us all post traumatic stress disorder, some of us worse than others, and you took away the fact that we felt safe in our house. We don't anymore,” she said in a forceful tone with her voice shaking at times. “You will serve your time and be done with it. We will never be done with it. My dogs' barking startles me and it brings it all back. And they bark every day, Phil.”

Sydney Cox was in the home at the time of the attack and told the courtroom she pushed herself against her bedroom door to hide when she heard screams. She said her brother came to get her after 10 minutes and she went downstairs to check on her family.

“All I saw was my mom covered in blood and my dad was moaning and crying on the ground,” she said. “I thought my dad was dying. I mean, I was scared my parents were going to die.”

She choked back tears as she thanked her brother for saving their parents.

Feliciano requested a sentence of 13 to 30 years imprisonment for Eisenberg with 7½ to 15 years suspended. She said the defendant caused extreme physical injury to the three victims, who still have $30,000 worth of medical bills to pay. The family did not request restitution however, though they said with loss of income they had would end up paying about $60,000 in all.

Eisenberg's attorney, Lawrence Vogelman, requested instead the court impose a 5- to 10-year sentence, noting Eisenberg was a young college-bound man with a high GPA after graduating from high school and he had no criminal record before this incident. Vogelman told the court by the time Eisenberg would be released, he would be at least 30 years old.

“It's a horrid, horrid (crime), but under the circumstances, I don't think we should give up on him,” Vogelman told the judge.

Eisenberg was ordered to have no contact with the victims in the case and to undergo mental health counseling and drug rehabilitation “meaningfully” during his period of incarceration. An investigation revealed he took eight times his prescribed medication for his attention deficit hyperactivity disorder (ADHD) and was routinely using marijuana at the time. Additionally, a 2½- to 5-year sentence for the charge of burglary has been suspended provided he have no more incidents in the 10 years after his release from prison.

Judge Tucker told the court upon issuing his sentence he considered Eisenberg's lack of criminal history as well as his young age.

After Eisenberg entered his pleas of guilty, Vogelman argued further against the label of “first degree” concerning the assault charges, stating it indicates the defendant carried out his actions knowingly and purposely. Judge Tucker noted Eisenberg had already entered his guilty plea for those charges and told the defense to submit a motion to amend the sentencing if they wished to discuss it further

While Feliciano argued Eisenberg's mental condition shouldn't play a factor in his imposed sentencing, Vogelman said Eisenberg suffers from various mental illnesses and that could be the only reasonable explanation behind his sociopathic behavior that day.

Feliciano said rather Eisenberg's crimes showed a great deal of thought and planning, where he removed his sneakers before entering the home, bought a new pair after the crime, wiped down his car and texted a friend initially requesting he help him create a false alibi just after the assault.

Approximately 10 members of the victims' family sat on the opposite side of the Eisenbergs in court during the hour-and-a-half long hearing. When it concluded, several members of the Cox family said they felt relieved.

Rob Cox's father, John, said his family felt “that justice was done.”

“You have to support the process,” he said, adding the family has attended most of the hearings in the case. “This has been difficult for the entire family.”

Kristin Cox told Foster's she felt a sense of closure, noting her family is “strong.” Asked how her son was coping, Dylan, now 20, stepped forward and said he felt a weight had been lifted off of him. He plans to attend college in the near future and study art.

“I'm very thankful for my parents and all of my friends that have been with me through this,” he said. “It's been a lot. I've had a hard time dealing with a lot of this and it's just good to have good people by me.”